I have now the honor of enclosing to you a copy of the letter of

September the 16th, which I had that of writing to his Excellency

the Count de Montmorin, with the papers therein referred to, and of

soliciting the order I have asked for. The originals were sent at the

date before mentioned. Notwithstanding the refusal of the houses of

Schweighaeuser and Dobree, and of Puchilberg, to settle their claim

against the United States by arbitration, as I proposed to them, the

United States will still be ready to do them justice. But those houses

must first retire from the only two propositions they have ever made;

to wit, either a payment of their demand without discussion, or a

discussion before the tribunals of the country. In the mean time, I

shall hope an acknowledgment with respect to us, of the principle which

holds as to other nations; that our public property here cannot be

seized by the territorial judge. It is the more interesting to us, as

we shall be more and longer exposed than other nations, to draw arms

and military stores from Europe. Our preference of this country has

occasioned us to draw them from hence alone, since the peace: and the

friendship we have constantly experienced from the government, will, we

doubt not, on this and every other occasion, insure to us the protection

of what we purchase. I have the honor to be, Sir, your friend and

servant,

Th: Jefferson.

LETTER CLXVI.--TO MR. CUTTING, October 2, 1788

TO MR. CUTTING.

Paris, October 2, 1788.

Dear Sir,

I am now to acknowledge the receipt of your favors of the 16th and

23rd ultimo and to thank you for the intelligence they conveyed. That

respecting the case of the interrogatories in Pennsylvania, ought

to make noise. So evident a heresy in the common law ought not to be

tolerated on the authority of two or three civilians, who happened,

unfortunately, to make authority in the courts of England. I hold it

essential, in America, to forbid that any English decision which has

happened since the accession of Lord Mansfield to the bench, should ever

be cited in a court: because, though there have come many good ones

from him, yet there is so much sly poison instilled into a great part of

them, that it is better to proscribe the whole. Can you inform me what

has been done by England on the subject of our wheat and flour?

The papers say it is prohibited, even in Hanover. How do their

whale-fisheries turn out, this year? I hope a deep wound will be given

them in that article soon, and such as will leave us in no danger from

their competition.

*****

I am, with very great esteem, Dear Sir, your most obedient, humble

servant,

Th: Jefferson.

LETTER CLXVII.--TO JOHN JAY, November 14, 1788

TO JOHN JAY.

Paris, November 14, 1788.

Sir,

In my letter of December the 21st, 1787, I had the honor of

acknowledging the receipts of your two favors of July the 27th, 1787,

which had come to my hands December the 19th, and brought with them

my full powers for treating on the subject of the consular convention.

Being then much engaged in getting forward the _Arrêt_ which came out

the 29th of December, and willing to leave some interval between

that act, and the solicitation of a reconsideration of our consular

convention, I had declined mentioning it, for some time, and was just

about to bring it on the carpet, when it became necessary for me to go

to Amsterdam. Immediately after my return, which was about the last

of April, I introduced the subject to the Count de Montmorin, and have

followed it unremittingly, from that time. The office of Marine, as well

as that of Foreign Affairs, being to be consulted in all the stages of

the negotiation, has protracted its conclusions till this time: it is

at length signed this day, and I have now the honor to enclose the

original, for the ratification of Congress. The principal changes

effected are the following:

The clauses of the Convention of 1784, clothing consuls with privileges

of the law of nations, are struck out, and they are expressly subjected,

in their persons and property, to the laws of the land.

That giving the right of sanctuary to their houses, is reduced to a

protection of their chancery room and its papers.

Their coercive powers over passengers are taken away; and over those,

whom they might have termed deserters of their nation, are restrained to

deserted seamen only.

The clause, allowing them to arrest and send back vessels, is struck

out, and instead of it, they are allowed to exercise a police over the

ships of their nation generally.

So is that, which declared the indelibility of the character of subject,

and the explanation and extension of the eleventh article of the treaty

of amity.

The innovations in the laws of evidence are done away: and the

convention is limited to twelve years’ duration. Convinced that the fewer

examples, the better, of either persons or causes unamenable to the laws

of the land, I could have wished, still more had been done; but more

could not be done, with good humor. The extensions of authority given

by the convention of 1784, were so homogeneous with the spirit of this

government, that they were prized here. Monsieur de Reyneval has had the

principal charge of arranging this instrument with me; and, in justice

to him, I must say, I could not have desired more reasonable and

friendly dispositions, than he demonstrated through the whole of it.

I enclose herewith the several schemes successively proposed between us,

together with the copies of the written observations given in with them,

and which served as texts of discussion, in our personal conferences.

They may serve as a commentary on any passage which may need it, either

now or hereafter, and as a history how any particular passage comes to

stand as it does. No. 1. is the convention of 1784. No. 2. is my first

scheme. No. 3. theirs in answer to it. No. 4. my next, which brought us

so near together, that, in a conference on that, we arranged it in the

form in which it has been signed. I add No. 5. the copy of a translation

which I have put into their hands, with a request, that if they find any

passages in which the sense of the original is not faithfully rendered,

they will point them out to me; otherwise, we may consider it as having

their approbation. This, and the convention of 1784, (marked No. 1.) are

placed side by side, so as to present to the eye, with less trouble, the

changes made; and I enclose a number of printed copies of them, for the

use of the members, who will have to decide on the ratification. It is

desirable that the ratification should be sent here for exchange, as

soon as possible.

With respect to the consular appointments, it is a duty on me to add

some observations, which my situation here has enabled me to make.

I think it was in the spring of 1784, that Congress (harassed by

multiplied applications from foreigners, of whom nothing was known but

on their own information, or on that of others as unknown as themselves)

came to a resolution, that the interest of America would not permit the

naming any person not a citizen, to the office of consul, vice-consul,

agent, or commissary. This was intended as a general answer to that

swarm of foreign pretenders. It appears to me, that it will be best,

still to preserve a part of this regulation. Native citizens, on several

valuable accounts, are preferable to aliens, and to citizens alien-born.

They possess our language, know our laws, customs, and commerce; have,

generally, acquaintance in the United States; give better satisfaction;

and are more to be relied on, in point of fidelity. Their disadvantages

are, an imperfect acquaintance with the language of this country, and an

ignorance of the organization of its judicial and executive powers,

and consequent awkwardness, whenever application to either of these

is necessary, as it frequently is. But it happens, that in some of

the principal ports of France, there is not a single American (as in

Marseilles, L’Orient, and Havre), in others but one (as in Nantes and

Rouen), and in Bordeaux only, are there two or three. Fortunately for

the present moment, most of these are worthy of appointments. But we

should look forward to future times, when there may happen to be no

native citizens in a port, but such as, being bankrupt, have taken

asylum in France from their creditors, or young ephemeral adventurers

in commerce, without substance or conduct, or other descriptions, which

might disgrace the consular office, without protecting our commerce. To

avail ourselves of our good native citizens, when we have one in a

port, and when there are none, to have yet some person to attend to our

affairs, it appears to me advisable to declare, by a standing law, that

no person but a native citizen shall be capable of the office of consul,

and that the consul’s presence in his port should suspend, for the time,

the functions of the vice-consul. This is the rule of 1784, restrained

to the office of consul, and to native citizens. The establishing

this, by a standing law, will guard against the effect of particular

applications, and will shut the door against such applications, which

will otherwise be numerous. This done, the office of vice-consul may

be given to the best subject in the port, whether citizen or alien,

and that of consul, be kept open for any native citizen of superior

qualifications, who might come afterwards to establish himself in the

port. The functions of the vice-consul would become dormant during the

presence of his principal, come into activity again on his departure,

and thus spare us and them the painful operation of revoking and

reviving their commissions perpetually. Add to this, that during the

presence of the consul, the vice-consul would not be merely useless, but

would be a valuable counsellor to his principal, new in the office, the

language, laws, and customs of the country. Every consul and vice-consul

should be restrained in his jurisdiction, to the port for which he is

named, and the territory nearer to that than to any other consular or

vice-consular port, and no idea be permitted to arise, that the grade

of consul gives a right to any authority whatever over a vice-consul, or

draws on any dependence.

It is now proper I should give some account of the state of our dispute

with Schweighaeuser and Dobree. In the conversation I had with Dobree,

at Nantes, he appeared to think so rationally on this subject, that I

thought there would be no difficulty in accommodating it with him, and

I wished rather to settle it by accommodation, than to apply to the

minister. I afterwards had it intimated to him, through the medium

of Mr. Carnes, that I had it in idea, to propose a reference to

arbitrators. He expressed a cheerful concurrence in it. I thereupon made

the proposition to him formally, by letter, mentioning particularly,

that we would choose our arbitrators of some neutral nation, and, of

preference, from among the Dutch refugees here. I was surprised to

receive an answer from him, wherein, after expressing his own readiness

to accede to this proposition, he added, that on consulting Mr.

Puchilberg, he had declined it; nevertheless, he wished a fuller

explanation from me, as to the subjects to be submitted to arbitration.

I gave him that explanation, and he answered finally, that Mr.

Puchilberg refused all accommodation, and insisted that the matter

should be decided by the tribunals of the country. Accommodation being

at an end, I wrote to Monsieur de Montmorin, and insisted on the usage

of nations, which does not permit the effects of one sovereign, to

be seized in the territories of another, and subjected to judiciary

decision there. I am promised that the stores shall be delivered; but

the necessary formalities will occasion some delay. The King being

authorized to call all causes before himself, ours will be evoked from

the tribunal where it is, and will be ended by an order to deliver

up the stores arrested, leaving it to the justice of Congress, to do

afterwards what is right, as to the demand of Schweighaeuser and Dobree.

I wish I could receive instructions what to do with the stores, when

delivered. The arms had certainly better be sent to America, as they are

good, and yet will sell here for little or nothing. The gun-stocks

and old iron had better be sold here; but what should be done with the

anchors? Being thoroughly persuaded that Congress wish that substantial

justice should be done to Schweighaeuser and Dobree, I shall, after the

stores are secured, repeat my proposition of arbitration to them. If

they then refuse it, I shall return all the papers to America, and

consider my powers for settling this matter as at an end.

I have received no answer yet from Denmark on the subject of the prizes;

nor do I know whether to ascribe this silence to an intention to evade

the demand, or to the multitude of affairs they have had on their hands

lately. Patience seems to be prudence, in this case; to indispose them,

would do no good, and might do harm. I shall write again soon, if no

answer be received in the mean time.

I have the honor to be, with sentiments of the most perfect esteem and

respect, Sir, your most obedient and most humble

servant,

Th: Jefferson.

[The following is the translation of the convention referred

to as No. 5. in the preceding letter.]

_Convention between his Most Christian Majesty and the United States of

America, for the purpose of defining and establishing the Functions and

Privileges of their respective Consuls and Vice-Consuls_.

His Majesty the Most Christian King, and the United States of America,

having, by the twenty-ninth article of the treaty of amity and commerce

concluded between them, mutually granted the liberty of having, in

their respective States and ports, Consuls, Vice-Consuls, Agents, and

Commissaries, and being willing, in consequence thereof, to define

and establish, in a reciprocal and permanent manner, the functions

and privileges of Consuls and Vice-Consuls, which they have judged it

convenient to establish of preference, his M. C. Majesty has nominated

the Sieur Count of Montmorin of St. Herent, Marechal of his Camps and

Armies, Knight of his Orders and of the Golden Fleece, his Counsellor

in all his Councils, Minister and Secretary of State, and of his

Commandments and Finances, having the department of foreign affairs, and

the United States have nominated Thomas Jefferson, citizen of the United

States of America and their Minister Plenipotentiary near the King, who

after having communicated to each other their respective full powers,

have agreed on what follows:

Article I. The Consuls and Vice-Consuls named by the M. C. K. and the

United States, shall be bound to present their commissions according to

the forms which shall be established respectively by the M. C. K. within

his dominions, and by the Congress within the United States; there shall

be delivered to them, without any charges, the _Exequatur_ necessary for

the exercise of their functions; and on exhibiting the said _Exequatur_,

the governors, commanders, heads of justice, bodies corporate,

tribunals, and other officers having authority in the ports and places

of their consulates, shall cause them to enjoy immediately, and without

difficulty, the pre-eminences, authority, and privileges, reciprocally

granted, without exacting from the said Consuls and Vice-Consuls any

fee, under any pretext whatever.

Article II. The Consuls and Vice-Consuls, and persons attached to their

functions, that is to say, their chancellors and secretaries, shall

enjoy a full and entire immunity for their chancery and the papers

which shall be therein contained: they shall be exempt from aU, personal

service, from soldiers’ billets, militia, watch, guard, guardianship,

trusteeship, as well as from all duties, taxes, impositions, and charges

whatsoever, except on the estate real and personal of which they may

be the proprietors or possessors, which shall be subject to the taxes

imposed on the estates of all other individuals: and in all other

instances they shall be subject to the laws of the land, as the natives

are.

Those of the said Consuls and Vice-Consuls who shall exercise commerce,

shall be respectively subject to all taxes, charges, and impositions

established on other merchants.

They shall place over the outward door of their house the arms of their

sovereign: but this mark of indication shall not give to the said house

any privilege of asylum for any person or property whatsoever.

Article III. The respective Consuls and Vice-Consuls may establish

agents in the different ports and places of their departments, where

necessity shall require. These agents maybe chosen among the merchants,

either national or foreign, and furnished with a commission from one

of the said Consuls; they shall confine themselves respectively to the

rendering to their respective merchants, navigators, and vessels, all

possible service, and to inform the nearest Consul of the wants of

the said merchants, navigators, and vessels, without the said agents

otherwise participating in the immunities, rights, and privileges

attributed to Consuls and Vice-Consuls, and without power, under any

pretext whatever, to exact from the said merchants any duty or emolument

whatsoever.

Article IV. The Consuls and Vice-Consuls respectively, may establish a

chancery, where shall be deposited the consular determinations, acts,

and proceedings, as also testaments, obligations, contracts, and other

acts done by or between persons of their nation, and effects left by

decedents, or saved from shipwreck.

They may, consequently, appoint fit persons to act in the said chancery,

qualify and swear them in, commit to them the custody of the seal, and

authority to seal commissions, sentences, and other consular acts,

and also to discharge the functions of notaries and registers of the

consulate.

Article V. The Consuls and Vice-Consuls respectively, shall have the

exclusive right of receiving in their chancery, or on board their

vessels, the declarations and all other the acts which the captains,

masters, crews, passengers, and merchants of their nation may choose to

make there, even their testaments and other disposals by last will: and

the copies of the said acts, duly authenticated by the said Consuls or

Vice-Consuls, under the seal of their consulate, shall receive faith

in law, equally as their originals would, in all the tribunals of the

dominions of the M. C. King and of the United States.

They shall also have, and exclusively, in case of the absence of the

testamentary executor, guardian, or lawful representative, the right

to inventory, liquidate, and proceed to the sale of the personal estate

left by subjects or citizens of their nation, who shall die within

the extent of their consulate; they shall proceed therein with the

assistance of two merchants of their said nation, or, for want of them,

of any other at their choice, and shall cause to be deposited in their

chancery, the effects and papers of the said estates; and no officer,

military, judiciary, or of the police of the country, shall disturb them

or interfere therein, in any manner whatsoever: but the said Consuls

and Vice-Consuls shall not deliver up the said effects, nor the proceeds

thereof, to the lawful representatives or to their order, till they

shall have caused to be paid all debts which the deceased shall have

contracted in the country; for which purpose the creditor shall have a

right to attach the said effects in their hands, as they might in those

of any other individual whatever, and proceed to obtain sale of them,

till payment of what shall be lawfully due to them. When the debts

shall not have been contracted by judgment, deed, or note, the signature

whereof shall be known, payment shall not be ordered, but on the

creditor’s giving sufficient surety resident in the country, to refund

the sums he shall have unduly received, principal, interest, and costs;

which surety, nevertheless, shall stand duly discharged after the

term of one year, in time of peace, and of two, in time of war, if the

discharge cannot be formed before the end of this term, against the*

representatives who shall present themselves.

And in order that the representatives may not be unjustly kept out of

the effects of the deceased, the Consuls and Vice-Consuls shall notify

his death in some one of the gazettes published within their consulate,

and that they shall retain the said effects in their hands four months,

to answer all just demands which shall be presented; and they shall be

bound, after this delay, to deliver to the persons succeeding thereto,

what shall be more than sufficient for the demands which shall have been

formed.

Article VI. The Consuls and Vice-Consuls, respectively, shall receive

the declarations, protests, and reports of all captains and masters of

their respective nations, on account of average losses sustained at sea;

and these captains and masters shall lodge in the chancery of the said

Consuls and Vice-Consuls, the acts which they may have made in other

ports, on account of the accidents which may have happened to them on

their voyage. If a subject of the M. C. K. and a citizen of the United

States, or a foreigner, are interested in the said cargo, the average

shall be settled by the tribunals of the country, and not by the Consuls

or Vice-Consuls; but when only the subjects or citizens of their own

nation shall be interested, the respective Consuls or Vice-Consuls shall

appoint skilful persons to settle the damages and average.

Article VII. In cases where by tempest, or other accident, French ships

or vessels shall be stranded on the coasts of the United States, and

ships or vessels of the United States shall be stranded on the coasts of

the dominions of the M. C. K.,the Consul or Vice-Consul nearest to the

place of shipwreck shall do whatever he may judge proper, as well

for the purpose of saving the said ship or vessel, its cargo and

appurtenances, as for the storing and the security of the effects

and merchandise saved. He may take an inventory of them, without the

intermeddling of any officers of the military, of the customs, of

justice, or of the police of the country, otherwise than to give to the

Consuls, Vice-Consuls, captain, and crew of the vessels shipwrecked or

stranded, all the succor and favor which they shall ask of them, either

for the expedition and security of the saving and of the effects saved,

as to prevent all disturbance.

And in order to prevent all kind of dispute and discussion in the said

cases of shipwreck, it is agreed that when there shall be no Consul or

Vice-Consul to attend to the saving of the wreck, or that the residence

of the said Consul or Vice-Consul (he not being at the place of the

wreck) shall be more distant from the said place than that of the

competent judge of the country, the latter shall immediately proceed

therein, with all the despatch, certainty, and precautions, prescribed

by the respective laws; but the said territorial judge shall retire, on

the arrival of the Consul or Vice-Consul, and shall deliver over to

him the report of his proceedings, the expenses of which the Consul and

Vice-Consul shall cause to be reimbursed to him, as well as those of

saving the wreck.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2 · 第 38 / 50 段